Pubdate: Wed, 05 Dec 2012 Source: Ukiah Daily Journal, The (CA) Copyright: 2012 The Ukiah Daily Journal Contact: http://www.ukiahdailyjournal.com/feedback Website: http://www.ukiahdailyjournal.com/ Details: http://www.mapinc.org/media/581 Author: Tiffany Revelle MENDOCINO COUNTY WILL GET LEGAL ADVICE ON POT SUBPOENA So Far County Has Not Sent Feds Any Info The county of Mendocino is hiring an outside attorney to address a federal subpoena for the records the county keeps on its medical marijuana ordinance. The Mendocino County Board of Supervisors held a special closed meeting Tuesday to discuss the issue with County Counsel Tom Parker. "Federal authorities have subpoenaed information regarding 9.31, but have not disclosed their interest in that information," Parker read from a statement the board prepared in its closed meeting. The board also directed him to "hire and retain outside counsel and to take appropriate action." The statement comes after county officials had refused to talk about the subpoena (which went to several county officials) for nearly two weeks, with several county officials confirming on the condition that their names would be withheld. Fifth District Supervisor Dan Hamburg said after the subpoena was released Tuesday, pursuant to a Public Records Act Request from the Daily Journal, that the county is trying to "ascertain what the U.S. Attorney's Office is interested in," calling the subpoena "extremely broad -- this is the kitchen sink approach." The closed-session announcement regarding the subpoena followed more than half an hour of public comment from people involved in the medical marijuana industry locally, all urging the county to withhold personal information from any of the applicants who had paid the county for permits for collectives to grow up to 99 medical marijuana plants or for zip ties for growers to show their plants were grown legally under state law. The county stopped issuing the 99-plant permits for collectives in March after the U.S. Attorney's Office threatened to file and injunction against the county's medical marijuana cultivation ordinance and seek legal action against county officials who supported it. "I don't think they're going after permit holders who had 99 plants or fewer," Hamburg said. "I do suspect they're after the money (from the 9.31 program), and that does not sit well with me." Speakers also urged the board to fight the subpoena, and Hamburg said the county had heard from "half a dozen attorneys" offering pro-bono help, "and we welcome that help." The subpoena was issued Oct. 23 by the U.S. Attorney's Northern District Office, and copies were delivered to Auditor-Controller Meredith Ford, Sheriff Tom Allman, Sheriff's Office Financial Manager Norman Thurston, Sheriff's Capt. Randy Johnson -- who oversaw the county's erstwhile medical marijuana garden inspection program -- and the custodian of records The subpoena asks for "any and all records" for the county's medical marijuana cultivation ordinance, County Code 9.31, from Jan. 1, 2010 to the present, including "e-mails, letters and any other communications," including third-party inspectors and Mendocino County Board of Supervisors. The subpoena further asks for "any and all financial institution account numbers and addresses" used by the Mendocino County Sheriff's Office, Mendocino County District Attorney's Office and Mendocino County; records of inspections, applications, communications with 9.31 permit applicants, permit holders and inspectors; and all records regarding the county's zip-tie program including "account numbers for funds received through the program." The records, including information on meetings having to do with 9.31, were due to be submitted to a federal grand jury convened by the United States District Court Nov. 8. According to Deputy County Counsel Doug Losak, the county has not yet submitted a response to the subpoena, and has an extension until Jan. 8 to do so. - --- MAP posted-by: Matt